Work Health and Safety (Confined Spaces) Code of Practice 2015

The Work Health and Safety (Confined Spaces) Code of Practice 2015 is an approved code of practice made under section 274 of the Work Health and Safety Act 2011. It provides practical guidance on how to meet the standards of health, safety and welfare required under the WHS Act and the Work Health and Safety Regulations for work involving confined spaces.

For a business, the key point is that this Code is more than general guidance. The Code states that approved codes of practice are admissible in court proceedings under the WHS Act and Regulations. Courts may regard a code as evidence of what is known about a hazard, risk or control and may rely on it when deciding what was reasonably practicable in the circumstances. Inspectors may also refer to an approved code when issuing an improvement or prohibition notice.

The Code also makes clear that following it is not the only way to comply. A business may use another method, such as a technical or industry standard, if that method provides an equivalent or higher standard of work health and safety. In practice, though, if your business has workers entering tanks, pits, silos, sewers, shafts, vessels or similar spaces, this Code is the obvious benchmark against which your system will be judged.

The instrument on the Federal Register is a model code developed by Safe Work Australia for adoption by the Commonwealth, state and territory governments. That matters because businesses should not assume every jurisdiction applies the model text in exactly the same way. Before relying on this page, check the code and WHS laws that apply where the work is actually being done.

The Code adopts the WHS Regulations definition. A confined space is an enclosed or partially enclosed space that is not designed or intended primarily to be occupied by a person, is or is intended to be at normal atmospheric pressure while a person is in it, and is or is likely to be a risk to health and safety because of an atmosphere that does not have a safe oxygen level, contaminants including airborne gases, vapours and dusts that may cause injury from fire or explosion, harmful concentrations of airborne contaminants, or engulfment.

This definition is practical as well as technical. The Code says a confined space is determined by the hazards associated with a specific set of circumstances, not just because work is performed in a small space. The same structure may or may not be a confined space depending on the circumstances when it is entered. A space may also become a confined space because the work to be carried out there would generate harmful concentrations of airborne contaminants.

The Code gives common examples such as vats, tanks, pits, pipes, ducts, flues, chimneys, silos, containers, pressure vessels, underground sewers, wet or dry wells, shafts, trenches and tunnels, but only when those spaces meet the legal definition. It also says entry occurs when a person's head or upper body enters the space. That means your permit, isolation and atmosphere controls need to be in place before partial entry, not only before someone climbs all the way in.

Just as importantly, the Code says temporary control measures do not change the legal character of the space. Temporary ventilation or a satisfactory pre-entry gas test will not declassify a confined space. To declassify it, the space must undergo sufficient changes in structure and use to eliminate the inherent hazards that define it.

The Code applies to persons conducting a business or undertaking who have management or control of a confined space. It also applies to designers, manufacturers and suppliers of plant or structures that include, or are intended to include, a confined space. The Code says it can also be used by workers and health and safety representatives who want to understand the hazards and risks associated with confined spaces.

The Code identifies several categories of duty holder. A PCBU has the primary duty under the WHS Act to ensure, so far as is reasonably practicable, that workers and other persons are not exposed to health and safety risks arising from the business or undertaking. Officers, such as company directors, have a due diligence duty to take reasonable steps to ensure the business has and uses appropriate resources and processes to eliminate or minimise risks arising from entry into confined spaces. Workers must take reasonable care for their own health and safety and that their work does not adversely affect others, and they must comply with reasonable instructions relating to entry permits, risk controls and emergency procedures.

The Code also explains what is generally not a confined space for these purposes. A confined space does not include a mine shaft or the workings of a mine. Places intended for human occupancy with adequate ventilation, lighting and safe means of entry and exit, such as offices and workshops, are generally not confined spaces. Some enclosed or partially enclosed spaces that may at times contain harmful airborne contaminants are still not confined spaces if they are designed for a person to occupy, such as abrasive blasting or spray painting booths. Some spaces designed to be occasionally occupied may also fall outside the definition if they have a readily and conveniently accessible means of entry and exit via a doorway at ground level, such as some cool stores or fumigated shipping containers.

Trenches are a good example of the need to apply the definition carefully. The Code says trenches are not confined spaces based on structural collapse risk alone. But a trench may still be a confined space if it potentially contains airborne contaminants that may cause impairment, loss of consciousness or asphyxiation.

The Code also notes a limited point about emergency service workers. They are not required to comply with some requirements for entering confined spaces when rescuing a person or providing first aid to a person in the space. Businesses should not treat that as a general exemption for their own operations. The Code still requires PCBUs to establish first aid and rescue procedures for emergencies.

The Code sets out the practical duties that arise once confined space risks are in play. These include managing health and safety risks associated with a confined space, including risks when entering, working in, on or near the space, as well as the risk of inadvertent entry. They also include ensuring, so far as is reasonably practicable, that a worker does not enter a confined space until all duties in relation to the confined space have been complied with, for example entry permit requirements, and establishing first aid and rescue procedures to be followed in an emergency.

The Code links these duties to the general WHS risk management process. A duty holder must identify reasonably foreseeable hazards that could give rise to the risk, eliminate the risk so far as is reasonably practicable, and if elimination is not reasonably practicable, minimise the risk so far as is reasonably practicable by implementing control measures in accordance with the hierarchy of control. The business must then maintain those control measures so they remain effective, and review and if necessary revise them to maintain a work environment that is without risks to health and safety so far as is reasonably practicable.

For many businesses, the trigger points are ordinary maintenance and operations tasks rather than unusual emergencies. Examples include cleaning a tank, entering a pit to inspect equipment, clearing a blockage in a silo, working in a sewer or wet well, inspecting a vessel during shutdown, or sending a contractor into a space that is not usually occupied by people. The Code makes clear that confined space work should not be treated as an informal job done on the fly. It requires a planned system that starts before entry and continues while the work is underway.

The Code gives special attention to design, manufacture, import, supply, installation and construction because many confined space risks are created long before anyone enters the space. It says a designer, manufacturer, importer or supplier of a plant or structure, and a person who installs or constructs a plant or structure, must eliminate the need to enter a confined space and eliminate the risk of inadvertent entry. If that is not reasonably practicable, the need for entry must be minimised so far as is reasonably practicable, the space must be designed with a safe means of entry and exit, and the risk to the health and safety of any person who enters must be eliminated or minimised so far as is reasonably practicable.

The Code says the design stage should consider the whole life cycle of the plant or structure, from manufacture and use through to demolition and disposal. That is especially relevant for businesses buying new plant, modifying existing systems, fitting out premises or commissioning storage and processing equipment. A poor design can lock in years of permit, rescue and maintenance risk. A better design can remove the need for entry altogether.

The Code gives practical examples of design features that should be considered. These include outlets and facilities for cleaning that eliminate the need for entry, lining materials that are durable, require minimal cleaning and do not react with materials contained in the confined space, and structures and mechanical parts designed for safe and easy maintenance to reduce the need for persons to enter.

Where entry cannot be avoided, the Code says entry and exit risks must be minimised. Access points should be large enough to allow people wearing the necessary protective clothing and equipment to pass through and to permit rescue of all people who may enter. A safe means of access to and within the space, such as fixed ladders, platforms and walkways, should be provided. Access points should not be obstructed by fittings or equipment that could impede rescue, and if cables, hoses or ventilation ducts must pass through an access hole, a second access point may be needed. There should also be enough access points to provide safe entry and exit.

The Code says identifying hazards means finding all things and situations that could potentially cause harm. In confined spaces, hazards can come from substances previously stored there, work activities in or around the space, products or by-products, residues on internal surfaces, natural contaminants entering from surrounding land or strata, and gases or liquids entering from adjacent plant, installations, services or processes.

The Code identifies major hazard groups. Restricted entry or exit can make rescue difficult, especially where openings are small, awkwardly located or high up. Harmful airborne contaminants may arise from stored substances, decomposing organic material, paints, adhesives, solvents, cleaning solutions, welding or brazing, engine exhaust, moulding processes, groundwater, disturbed sludge or scale, or contamination from nearby plant. Unsafe oxygen levels can result from displacement by gases, purging with inert gas, oxidation, combustion or reactions involving grain, wood chips, soil or chemicals in sealed silos. Oxygen enrichment can also occur and increase fire or explosion risk.

Fire and explosion hazards are another central concern. The Code explains that a fire or explosion requires an ignition source, air and a fuel capable of igniting. It says a flammable atmosphere is one in which the flammable gas, vapour or mist is likely to exceed 5 per cent of its lower explosive limit. In confined spaces, flammable atmospheres may result from evaporating residues, flammable materials used in the space, chemical reactions such as methane formation in sewers, or combustible dust such as flour dust in silos. If an ignition source such as a sparking electrical tool or static on a person is introduced, an explosion is likely to result.

The Code also highlights engulfment. This means being swallowed up in or immersed by material, which may result in asphyxiation. Examples include plastics, sand, liquids, fertiliser, grain, coal, coal products, fly ash, animal feed and sewage. The Code specifically notes bridging in stored materials such as sand and grain, where a crust forms and collapses under a worker.

Beyond those headline risks, the Code lists other hazards businesses often overlook. These include uncontrolled introduction of steam, water, liquids, gases or solids, biological hazards such as viruses, bacteria and fungi, mechanical hazards from augers, agitators, blenders, mixers and stirrers, electrical hazards from cables and wet surfaces, skin contact with hazardous substances, amplified noise, hazardous manual tasks, radiation, environmental hazards such as heat, cold, slips and poor lighting, and hazards outside the confined space such as falls into vertical openings, traffic near entrances and contamination from nearby work.

The Code's table of contents shows the practical control topics it covers: the hierarchy of control, eliminating the need to enter, minimising risks, entry permits, isolation, atmosphere, communication and safety monitoring, entry and exit procedures, signs and barricades, information, instruction and training, maintenance of control measures, emergency procedures and review of control measures. Even from the approved text extract, the message is clear. Confined space work requires a controlled system, not a last-minute decision supported only by PPE.

Isolation is a major practical issue. The Code specifically refers to isolation of connected plant and services and to preventing the uncontrolled introduction of substances. Businesses should think broadly about what can enter the space or affect it, including steam, water, gases, solids, nearby exhaust fumes and contamination from adjacent work. Atmosphere control is another core requirement. The Code refers to controls to maintain a safe atmosphere within the confined space and makes clear that oxygen levels and airborne contaminants are central to the legal definition and risk profile.

Communication and safety monitoring must also be addressed. The Code identifies these as specific control measures under the WHS Regulations. Entry and exit procedures, signs and barricades, and information, instruction and training are also part of the expected system. In practice, that means a business should be able to show not only that it identified the hazards, but also how it controlled access, communicated with entrants, monitored conditions, kept unauthorised people out and ensured workers understood the process.

The Code also says control measures must be maintained so they remain effective. A permit or gas test at the start of the job is not enough if conditions change during the work. The system needs to remain effective for the duration of the task.

The Code requires first aid and rescue procedures to be established for emergencies in the confined space. This is a core duty, not an optional extra. Rescue in confined spaces is often difficult because of restricted access, atmospheric hazards, engulfment risk and the challenge of treating an unconscious person in a small or awkward location. A business should therefore think about rescue before entry starts, not after something goes wrong.

Consultation is also built into the legal framework. The Code says the WHS Act requires consultation, so far as is reasonably practicable, with workers who carry out work for you and who are or are likely to be directly affected by a WHS matter. If workers are represented by a health and safety representative, the consultation must involve that representative. The Code specifically says you must consult workers involved in carrying out work in or near a confined space during hazard identification, risk assessment and implementation of control measures.

The Code also addresses situations where more than one duty holder is involved. If more than one person has a duty in relation to the same matter, each must, so far as is reasonably practicable, consult, co-operate and co-ordinate activities with the others. The Code gives the example of a plant or structure owner who has management or control of the confined space and a contractor engaged to carry out work in the same space. In those situations, effective communication, co-operation and co-ordination are essential to ensure risks are eliminated or minimised so far as is reasonably practicable.

For businesses using contractors, this means you should not assume the contractor's paperwork alone is enough. The site owner, principal contractor and specialist contractor may all hold duties at the same time. Responsibilities, permit arrangements, isolation steps, atmosphere controls, communication methods and rescue procedures need to line up in practice.

The instrument is titled the Work Health and Safety (Confined Spaces) Code of Practice 2015. It was approved by the Minister for Employment on 18 March 2016, registered on the Federal Register of Legislation on 30 March 2016, and commenced on the day after registration. The Federal Register records it as in force.

Because this is a model code developed for adoption by different Australian jurisdictions, businesses should confirm the current code, regulations and regulator guidance that apply where the work is being carried out. That is especially important if your operations span more than one state or territory, or if you rely on contractor systems developed in another jurisdiction.